Article Courtesy of Jacksonville Times
Union
By J. TAYLOR RUSHING
Published January 27, 2004
TALLAHASSEE -- When Steve and Judy
Comley bought a condominium on Amelia Island in June 1996, they considered
the $465,000 residence a solid investment for its potential rental income
and a possible home for their later retirement.
Seven and a half years later, the struggle
over the couple's rights to rent out those 2,300 square feet has catapulted
to the upper tier of the Florida Legislature's to-do list. Several legislative
committees are studying such disputes between property owners and the associations
that govern their units.
Jacksonville Jaguars co-owner
Delores Barr Weaver is among hundreds
of property owners who
have sent letters and joined the cause.
The condominium association that oversees
the Comleys' Amelia Island Plantation unit voted in July 2000 to prohibit
rentals of shorter than six months. The Comleys were counting
on such rentals for income during the
summer months when they live in
Maine and began a 3 1/2-year battle over
the issue.
"They stripped us of our vested rights,
and the laws don't protect us," said Steve Comley, 59. "It's an economic
issue statewide, too. How many snowbirds are there in Florida? Lots. How
many of them buy condos to rent them out and retire someday? Lots."
An estimated 6 million Floridians live
under the control of a condominium or homeowners association, and
publicity has been gathering about
the Comleys' plight and other similar
problems.
Two special state panels have crossed the
state and collected complaints -- House Speaker Johnnie Byrd created a
special committee to study condo |
| Steve and Judy Comley bought a condo
on Amelia Island for its potential rental income and a possible home for
their retirement, but later saw a rule passed barring rentals of less than
six months. |
|
boards, and Gov. Jeb Bush appointed a task
force to study homeowner boards.
Comley says property owners should have
their rental rights preserved through grandfather clauses and compensation
awarded in cases where the loss of those rights has caused a loss in property
value. Most observers say the Legislature will likely enact Comley's first
suggestion but not the second.
"If there's legislation, that seems to
be where there's the most consensus," said Tallahassee attorney Peter Dunbar,
who wrote several of Florida's condo association laws during his 10 years
as a member of the state House. "Their rights would probably continue for
as long as they own a unit, but change after they sell it."
Ed Johnson, board president of the Piper
Dunes North Condo Association, has firmly
fought the Comleys but says he is sympathetic
to their case and any changes that may
come out of the 2004 Legislature. Johnson said he and the board are following
the wishes of members who have repeatedly rejected the
idea of short-term rentals or allowing
the Comleys a grandfather clause exception.
"It's the board's duty to uphold those
wishes of the members, although we'll comply if the Legislature changes
the rules," Johnson said.
Senate President Jim King, R-Jacksonville,
has sent the issue to the Senate's Judiciary and Comprehensive Planning
committees. He said some type of grandfathering provision is possible statewide.
"I've got people looking at what's fair
and what will work," King said. "This is going to get
worse not better, and we need to find
a way to
deal with it." |
| Information
Those interested in learning more about the condominium fight can
contact Stephen and Judy Comley at jcomleynet-magic.net
or by regular mail at: 1518 Beachwalker Road, Amelia Island, FL 32034.
Other comments can be addressed to:
-
Senate President Jim King at [email protected]
by regular mail at: Suite 409, The Capitol, 404 S. Monroe St., Tallahassee,
FL 32399-1100, or by calling (850) 487-5030. King's district office can
be reached by regular mail at: Suite 108, 9485 Regency Square Blvd., Jacksonville,
FL, 32225-8145, or by calling (904) 727-3600.
-
House Speaker Johnnie Byrd at speakerbyrdmyfloridahouse.com
or by regular mail at: The Capitol, Suite 420, Tallahassee, FL 32399, or
by calling (850) 488-1450.
|
|
In the House, Rep. Julio Robaina, R-Miami,
chairman of the Select Committee on Condominium Associations which Byrd
created, said he will suggest that association actions which affect an
entire complex be approved by a majority of all unit owners.
Robaina said his committee has sent Byrd
up to 40 suggested changes in the laws governing condo boards. He said
he was stunned at the amount of animosity between property owners and associations.
"There are problems happening everywhere,"
Robaina said. "In some areas, there just needs to be some tweaking. But
in some cases, we need a complete overhaul."
On Wednesday, the homeowners task force
held the last of six public hearings and finished a 46-page report of recommendations
for Bush on how to improve relations between residents and their associations.
The recommendations include stronger legal rights of homeowners to sue
developers who provide false and misleading lease information, greater
openness of associations' records and more authority for the state to train
mediators to resolve disputes.
"It doesn't go as far as some of the members
would like," chairman William Sklar said. "But it goes far greater than
was envisioned to begin with and the law currently allows."
The task force has already been criticized
by at least one member. Jan Bergemann, president of Cyber Citizens for
Justice, a statewide, grass-roots organization for homeowners and condo
owners, said the recommendations are unfairly tilted toward the home and
condo industry instead of residents.
"If you put 10 industry partisans on a
15-member panel, I don't think I have to tell you where the result is,"
Bergemann said.
Weaver, who owns two units near the Comleys,
has sent letters to King, Byrd and Bush and said property owners should
have their rights protected through grandfather clauses.
"I don't agree with compensation because
the cost will just be passed on to other property owners," Weaver said.
"But we deserve to have the rights we had when we bought our units. And
if this happens statewide, it's going to be costly because no one's going
to be able to rent their property and retire later on." |
